Legal Opinion
People v. Rosato
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 2007PublishedCited by 2 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered July 29, 2005, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s purported waiver of his right to appeal was ineffective because it was based on an incorrect statement of law (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Rodriguez, 32 AD3d 481, 482 [2006]; People v D’Avila, 21 AD3d 905 [2005]; People v Matthews, 21 AD3d 499, 500 [2005]) and, thus, does not preclude the defendant’s…
2Cases cited7 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LopezNew York Court of Appeals · 2006
- People v. FanelliAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2006
- People v. DemostheneAppellate Division of the Supreme Court of the State of New York · 2005
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2012